HomeMy WebLinkAboutMinutes 01.18.2023
Contractor Licensing Board Minutes – Draft
January 18, 2023 at 8:30 a.m. St. Lucie County Administration Board of County Commissioners
Commission Chambers
PRESENT ABSENT STAFF PRESENT Contractor Licensing Supervisor…………………………………………………… Danielle Williams Building Official………..……………………………………………….……………. Doug Harvey Assistant County Attorney………………………………………………………….. Katherine Barbieri Code Compliance Manager……………………………………………………….. Monica Graziani Contractor Licensing Investigator………………………………………………… Mike Cicio Contractor Licensing Investigator………………………………………………… Arlene Cruz Board Recorder……………………………………………………………………... Roxann Johnson A. CALL TO ORDER: The meeting was called to order at 8:55 a.m.
B. ROLL CALL OF BOARD MEMBERS: The roll was called. Board member Mr. Roger Priest was absent. C. ELECTION OF OFFICERS: CHAIRMAN, VICE CHAIRMAN, BOARD SECRETARY CHAIRMAN: Mr. Jerger made a motion to nominate Mr. Travis Leonard for Chairman. Mr. Pride seconded the motion and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mrs. Taylor – Yes, Mr. Sampson – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Mr. Pride – Yes, Mr. Morris – Yes, Mr. Kauffman – Yes. The motion carried unanimously. VICE CHAIRMAN: Mr. Pride made a motion to nominate Mr. Roger Priest for Vice Chairman. Mr. Morris seconded the motion and the motion carried. Mr. Leonard opposed the motion. Chairman Leonard asked for a roll call vote for Mr. Priest. Mrs. Taylor – Yes, Mr. Sampson – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – No, Mr. Pride – Yes, Mr. Morris – Yes, Mr. Kauffman – Yes. The motion carried. SECRETARY: Mr. Jerger made a motion to nominate Mr. Michael DiFrancesco for Secretary.
Chairman.…………………………..................................................................... Travis Leonard
Vice Chairman………………………………………………………………………. Tony Jerger
Secretary…………………………………………………………………………… Michael DiFrancesco
………………………………………………………………………………………… Chris Langel
………………………………………………………………………………………… Michael Pride
Secretary…………...………………………………………………………………… Sheila McCarthy-Taylor
………………...……………………………………………………………………… Adam Sampson
……………………………………………………………………………………….... Gary Morris
………………………………………………………………………………………… Michael Kauffmann
…..…………………………………………………………………………………….. Roger Priest
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Mr. Pride seconded the motion and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mrs. Taylor – Yes, Mr. Sampson – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Morris – Yes, Mr. Kauffman – Yes. The motion carried unanimously. D. APPROVAL OF MINUTES: May 18, 2022 and September 21, 2022 Contractor Examining Licensing Board Meeting Motion was made by Mr. DiFrancesco to approve the Minutes of the May 18, 2022 and September 21, 2022 meeting. Mr. Langel seconded and the motion carried unanimously. E. SWEARING IN OF STAFF: The following staff members were sworn in by the Recording Secretary: Danielle Williams, Douglas Harvey, Arlene Cruz, Mike Cicio and Monica Graziani. F. PUBLIC COMMENT: Vice Chairman Leonard asked the audience if anyone present wanted to speak to the Board under public comment. There being none the Board moved on to Applications to be approved. G. APPLICATIONS TO BE APPROVED BY CONSENT VOTE: Motion was made by Mr. DiFrancesco to approve the applicants recommended by Consent vote. Mr. Langel seconded and the motion carried unanimously. The names were read into the record: Qualifier Business Name Type of Contractor Testing Agency
APPLICATIONS RECOMMENDED FOR APPROVAL BY RECIPROCITY: Motion was made by Mr. Pride to approve the applicants recommended by Reciprocity vote. Mr. Langel seconded and the motion carried unanimously. Qualifier Business Name Type of Contractor None.
APPLICATIONS APPROVED ADMINISTRATIVELY BASED ON RECIPROCITY FROM THE CITY OF PORT ST. LUCIE OR THE CITY OF FORT PIERCE: The applicant’s names were read into the record.
None.
Qualifier Business Name Type of Contractor
Patsi L. Meltzer PLM Construction LLC Residential
Roosebel Patricio Patricio Enterprises East, Inc. Drywall
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THE FOLLOWING APPLICATIONS ARE RECOMMENDED FOR REVIEW BY THE BOARD:
Chairman Leonard stated we do have an addendum to the agenda for review by the Board for Mr. Christopher Bourque. He asked if Mr. Bourque or a representative was present to speak to the Board. Mrs. Bourque was present. Chairman Leonard asked Mrs. Bourque to come up to the podium to be sworn in by the Recording Secretary. Mrs. Alexa Bourque was sworn in by the Recording Secretary. Chairman Leornard addressed Mrs. Bourque and asked if she is representing Mr. Bourque. Mrs. Bourque answered yes, she is. Chairman Leonard asked if Mr. Bourque is working why he is not present. Mrs. Bourque stated yes, he had a last-minute change this morning, so he had to go to work. Chairman Leonard asked if the Board had any questions for Mrs. Bourque. Mr. DiFrancesco stated he would like to make a motion. He stated Mr. Bourque has been in business for two years in Martin County and his test scores are wonderful. He stated he is willing to make a motion to accept Staff’s recommendation. Mr. DiFrancesco made to accept Staff’s recommendation to approve Mr. Christopher Bourque’s license to work in St. Lucie County. Mr. Pride seconded and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mrs. Taylor – Yes, Mr. Sampson – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Morris – Yes, Mr. Kauffman – Yes. The motion carried unanimously. I. DISCIPLINARY CASE 1) Gregory Keith Whigham and/or All Florida Wind Mitigation /dba/ W.O. Gregory Construction Inc. Chairman Leonard stated next, we are moving on to disciplinary case no. one against All Florida Wind Mitigation Case No. 2211-109207. He asked Officer Cicio to bring the Board up to speed on the case. Officer Cicio addressed the Board and stated in response to Case No. 2211-109207, for the record he is submitting a total of twenty-two (22) photos, nine (9) photos taken on October 18, 2022, during an initial site inspection at the property address of 787 NE Prima Vista Blvd., Port St Lucie, eight (8) taken on October 19, 2022, two (2) taken on October 25, 2022, and three (3) taken on October 26, 2022. Officer Cicio stated he is submitting Division of Corporations information for the fictitious company All Florida Wind Mitigation Retrofits, owned by W.O. Gregory construction, inc, Division of Corporations information for W.O. Gregory Construction, Inc with the corporate officer listed to be Gregory K. Whigham and Secretary Lisa M. Bauer. Florida Department of Business and Professional Regulations (DBPR) licensing information for Gregory Keith Whigham is included showing the certified building contractor license of CBC1253414 issued in September of 2005 as well as workers’ compensation exemption information. Officer Cicio stated he has also included commercial renovation building permit information for Permit 2103-0616 as well as Division of Corporations information for unlicensed contractor, Retrofits & Renovations, LLC, managed by Eden P. Agnew,
Workers’ Compensation Exemption information for Mr. Agnew as well as copies of check images 674, 556, 567 and 1031 paid from the business account of Evangelical Union of Fisherman, Inc. (property owner) to Retrofits & Renovations totaling to the amount of $68,349.49. Officer Cicio stated on October 18, 2022, he conducted a random site visit at a commercial remodel at the address of 787 NE Prima Vista Blvd, Port St. Lucie, FL. He stated during his investigation, he found that all contractors onsite, including a foreman all in One Construction & Handyman and Drywall Company NB Drywall, Inc. were unlicensed. I was advised by these contractors that Eden P. Agnew, retrofits & renovations, was the primary contractor onsite. he met with property owner, Pastor
Qualifier Business Name Type of Contractor
Christopher Bourque (Addendum) Marland Marine Construction LLC Marine Contractor
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Providence, and he stated that he contracted with Eden Agnew with Retrofits & Renovations. He further claimed that all monies have been paid to retrofits & renovations. He stated check images were later provided on or about oct 25, 2022 when a stop work order was posted. Officer Cicio stated he was able to make contact with Mr. Eden Agnew. He acknowledged being a sub-contractor under W.O. Gregory Construction Inc and works under that license. He further claimed to work under the license of another local contractor. Retrofits & Renovations LLLC was found not to be a licensed contractor. Officer Cicio stated he left several messages requesting a return phone call from Gregory Whigham including messages with his secretary Lisa Bauer and Eden Agnew. He stated The Florida Department of Business and Professional Regulations (DBPR) does not show that Gregory Whigham qualifies Eden Agnew (Retrofits & Renovations, LLC). Upon investigation, it was found that All Florida Wind Mitigation Retrofits dba W.O. Gregory Construction, Inc violated: SLC 10-26 (13) – Disregard or violate any county ordinance relating to unlicensed contractors.
IN SLC SEC. 10-56, Any person, other than a certified contractor as defined in this article, desiring to engage in or work at the business or occupation of contractor, as defined in this article, in the unincorporated areas of the county shall not engage in said occupation or business until such person has first obtained a certificate of competency as provided in this division, and has registered in the proper classification with the state department of business and professional regulation pursuant to the provisions of F.S. ch. 489. SLC 10-67 (3) – Disregards and violates an applicable state or local building code, regulation or law.
Officer Cicio state All Florida Wind Mitigation Retrofits dba W.O. Gregory Construction, Inc commenced unpermitted work on this property including pouring concrete Ada accessibility ramps in the front and east side of the building, concrete sidewalk repairs, plumbing and electrical work which included plumbing lines and electrical to a pre-existing water feature. SLC 10-67 (4) – Performs any act which assists a person or business in engaging in the unlicensed business of
contracting, as defined herein, if the certificate holder knows or has reasonable grounds to know that the person or business is unlicensed. Officer Cicio stated in this section, All Florida Wind Mitigation Retrofits dba W.O. Gregory Construction Inc (Gregory Keith Whigham) allowed Eden P. Agnew to perform work under his license in the capacity of contracting, knowing, that Retrofits & Renovations, LLC is not a state licensed contractor required under F.S. 489. Gregory Whigham further applied for and was issued a building permit for a commercial remodel knowing that payments were being made to retrofits & renovations (Eden Agnew) unlicensed contractor. SLC 10-67 (15) – Aids or abets any unlicensed person or business organization to evade any provision of this division.
IN F.S. 489.113 (2) - No person who is not certified or registered shall engage in the business of contracting in this state. However, for purposes of complying with the provisions of this chapter, a person who is not certified or registered may perform construction work under the supervision of a person who is certified or registered, provided that the work is within the scope of the supervisor’s license and provided that the person being supervised is not engaged in construction work which would require a license as a contractor under any of the categories listed in s. 489.105(3)(d)-(o) which includes building contractor. Officer Cicio stated further investigations in early November 2022 found that Gregory Keith Whigham had been incarcerated in St. Lucie County jail for some time and was currently being held on a work release. This work release did not include running or supervising his business operations. Officer Cicio stated he met with Mr. Whigham on November 15, 2022, at the detention facility and he was personally served with a copy of a notice to appear for the January 18, 2023 contractor licensing board meeting. He stated his signature appears on the bottom of the document. He stated during his interview, Mr. Whigham claimed that he does know about the jobsite at 787 prima vista, however, he did not know the scope of work being conducted. He stated he showed Mr. Whigham the permit application and he claimed that he did not recall completing the application, nor signing it. He stated he claimed that the signature did appear to be his. he further did not know the notary who notarized his signature. He stated Mr. Whigham admitted to not being familiar with the jobsite as he does not have the ability to supervise. Mr. Whigham was unfamiliar with Lisa Bauer who is the secretary listed on is Division of Corporations. He stated he thought that Mrs. Bauer was working with
Eden Agnew. Officer Cicio stated due to Mr. Whigham’s inability to properly supervise this job, another stop work order was posted requesting a change of contractor.
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Officer Cicio stated based upon the facts in this case, staff is recommending to the board to suspend the permitting privileges for Gregory Keith Whigham/All Florida Wind Mitigation Retrofits dba W.O. Gregory Construction, Inc for a period not to exceed 365 days. Gregory Keith Whigham and/or All Florida Wind Mitigation Retrofits dba W.O. Gregory Construction, Inc must make a written request and appear before the Contractor Licensing Board to have the permitting privileges reinstated. Officer Cicio stated Staff is also recommending that a copy of the board’s order be forwarded to the Florida Department of Business and Professional Regulations (DBPR) and the surrounding municipalities. There was discussion among Staff and the Board regarding the case. Mr. DiFrancesco made a motion to approve Staff recommendation to revoke the Certificate of Competency and permitting privileges for Gregory Keith Whigham and/or All Florida Wind Mitigation Retrofits /dba/ W.O. Gregory Construction Inc. for a term not to exceed three hundred and sixty-five (365) days. After the revocation period, Mr. Gregory Keith Whigham must request to be reinstated before the Contractor Licensing Board. It is further recommended that this case along with the copy of this Board’s Order be prepared and sent to the state and surrounding municipalities. Mr. Jerger seconded and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mrs. Taylor – Yes, Mr. Sampson – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – No, Mr. Pride – No, Mr. Morris – No, Mr. Kauffman – No. The motion carried. There were five – Yes, and four – No. 2) Douglas Sammons and/or Hall-Sammons Inc. Chairman Leonard stated we are on to disciplinary case no. two Case No. 2209-108812 Officer Arlene Cruz. Officer Cruz addressed the Board and for the record she is submitting a total of twenty (20) photos taken by the property owner Stephen Ferreira at property address 4625 S Indian River Dr., Fort Pierce. She stated she is submitting the property owner Stephen Ferreira’s affidavit and copies of the nine (9) checks cashed by Retrofits and Renovations in the total amount of $ 178,770.00. Officer Cruz stated she is also submitting emails from October 9, 2021 through August 23, 2022 from an employee of Retrofits And Renovations to Mr. Ferreira with copies of the invoices to include itemized materials and labor that was performed at the property by Retrofits and Renovation LLC. She stated she is submitting a copy of two liens placed on the property of 4625 Indian River Dr, the first was filed on January 21,2022 from Jones Lumber, US LBM, LLC. and the second was filed on august 24,2022 from Douglas Sammons of Hall-Sammons, LLC. Officer Cruz stated on September 12, 2022, she phoned Mr. Eden Agnew. She stated he admits to working without a license and had Mr. Douglas Sammons on the line on speaker phone. She stated she explained that she saw that a lien was placed
on the property of 4625 Indian River Drive by Mr. Douglas Sammons with Hall-Sammons, Inc and the permit, Permit #2110-0576 that was applied for by Mr. Douglas Sammons. She further stated that she found through DBPR that Mr. Agnew was not licensed but was taking payments through his company Retrofits and Renovation, LLC as Mr. Sammons has no affiliation with this company through DBPR. She stated she made them both aware that they were going to receive a $500 citation and that Mr. Sammons would receive a notice to appear for the following Contractor Licensing Board. Officer Cruz stated upon investigation, it was found that Douglas Sammons with Hall-Sammons, Inc. violated: SLC 10-67 (4) – Performs any act which assists a person or business in engaging in the unlicensed business of contracting, as defined herein, if the certificate holder knows or has reasonable grounds to know that the person or business is unlicensed.
Officer Cruz stated in this section, Douglas Sammons with Hall-Sammons, Inc. allowed Eden P. Agnew to perform work
under his license in the capacity of contracting, knowing, that retrofits & renovations, llc is not a state licensed contractor required under F.S. 489. Douglas Sammons further applied for and was issued a building permit for a residential remodel knowing that payments were being made to retrofits & renovations (Eden Agnew) unlicensed contractor. SLC 10-67 (15) – Aids or abets any unlicensed person or business organization to evade any provision of this division. Officer Cruz stated in this section, Mr. Douglas Sammons with Hall-Sammons, Inc. filed for a lien against the property of Mr. Stephen Ferreira with the purpose of collecting monies from him. Mr. Sammons filed a lien against a property that was having work completed by Retrofits and Renovations, LLC (Eden Agnew) and the monies were being collected by retrofits and renovations. Mr. Sammons knowingly aided Mr. Agnew on this job and was also collecting a profit as he was trying to collect funds that were owed to him and his company when he filed the claim of lien.
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Officer Cruz stated based upon the facts in this case, staff is recommending to the board to suspend the permitting privileges of Douglas Sammons with Hall-Sammons, Inc for a period not to exceed 365 days. Douglas Sammons with Hall-Sammons, Inc must make a request before the contractor licensing board to have the permitting privileges reinstated. She stated staff is also recommending that a copy of the board’s order be forwarded to the Florida Department of Business and Professional Regulations (DBPR) and the surrounding municipalities. There was discussion among Staff and the Board regarding the case. Mr. DiFrancesco made a motion to publicly reprimand Mr. Douglas J. Sammons and/or Half-Sammons Inc. and placed on two (2) years’ probation in which time, Staff will monitor Mr. Sammon’s Permitting privileges. Mr. Langel seconded and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mrs. Taylor – Yes, Mr. Sampson – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Morris – Yes, Mr. Kauffman – Yes. The motion carried unanimously. J. CITATION APPEAL 1) Eden Agnew and/or Retrofits & Renovations LLC Chairman Leonard stated next on our agenda is citation appeal no. one for Case No. 2209-000016 against Eden Agnew and/or Retrofits & Renovations LLC. He asked Staff to update the Board on the case. Officer Cruz addressed the Board and stated for the record she is submitting twenty (20) photos taken by the property owner Stephen Ferreira at property address 4625 S Indian River Dr, Fort Pierce. She stated she is submitting the property owner Stephen Ferreira’s affidavit and copies of the nine (9) checks cashed by Retrofits and Renovations in the total amount of $ 178,770.00. Officer Cruz stated she is also submitting emails from October 9, 2021 through August 23, 2022 from an employee of retrofits and renovations to Mr. Ferreira with copies of the invoices to include itemized materials and labor that was performed at the property by retrofits and renovation. llc. i am submitting a copy of two liens placed on the property of 4625 Indian River Dr, the first was filed on January 21,2022 from Jones Lumber, US LBM, LLC. and the second was filed on August 24,2022 from Douglas Sammons of Half-Sammons, LLC. Officer Cruz stated during my investigation, she found that a permit was applied for and issued to Mr. Douglas Sammons, Eden Agnew was not the applicant on the permit nor was his business put as a contact under this permit according to the Florida Department of Business and Professional Regulations (DBPR), Mr. Eden P. Agnew is eligible to take the exam for certified general contractor but is currently not licensed. She stated after speaking to Mr. Agnew, he stated that he was not licensed but working under Mr. Sammons. Office Cruz stated after conducting a computer check Mr. Agnew does not work for Mr. Sammons. according to Mr. Ferreira the contact person on the jobsite was Mr. Agnew. She stated Retrofits & Renovations LLC was found not to be a licensed contractor resulting in $500 citation #291 for: (1) falsely hold himself or a business organization out as licensed, a certificate holder, or registered contractor:
(6) for engaging in the business of or acting in the capacity of a contractor without being duly registered or certified being issued. Officer Cruz stated copies of the citation and citation letter were mailed certified mail which was delivered and signed for on September 15, 2022. She stated on September 22, 2022, a letter of appeal was received from Mr. Agnew. since a letter of appeal was received, the case was scheduled for the January 18, 2023, Contractor Licensing Board. Copies of the Notice to Appear were sent via certified mail which was delivered in addition to being posted on January 9, 2023, at the residential home address of Eden P. Agnew. Officer Cruz stated Staff is recommending that a lien be placed on the real or personal property of Mr. Eden Paul Agnew if the citation is not paid within 30 days. There was discussion among the Board, Staff and Mr. Agnew regarding the case. Mr. Pride made a motion to accept staff’s recommendation of $500.00 citation fee to be paid within thirty (30) days of the date of this Board meeting and authorize staff to place a lien against the contractor if not paid within thirty (30) days. Mr. DiFrancesco seconded and the motion carried unanimously.
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CITATION APPEAL 2) Eden Agnew and/or Retrofits & Renovations LLC Chairman Leonard stated next on our agenda is citation appeal no. one for Case No. 2210-109123 against Eden Agnew and/or Retrofits & Renovations LLC. He asked Staff to update the Board on the case. Officer Cicio addressed the Board and stated for the record, she is submitting a total of twenty-three (23) photos, nine (9) photos taken on October 18, 2022, during an initial site inspection at the property address of 787 NE Prima Vista Blvd, Port St Lucie, eight (8) taken on October 19, 2022, two (2) taken on October 25, 2022, three (3) taken on October 26, 2022, and one (1) taken on January 5, 2023, showing a posted notice to appear. Officer Cicio stated he is submitting copies of check images 674, 556, 567 and 1031 paid from the business account of evangelical union of fisherman, inc. to retrofits & renovations totaling to the amount of $68,349.49, division of corporation information for retrofits & renovations, llc showing that Eden P. Agnew is the sole limited liability managing member and Workers’ Compensation Exemption information. Officer Cicio stated according to the Florida Department of Business and Professional Regulations (DBPR), Mr. Eden P. Agnew is eligible to take the exam for certified general contractor. He stated during my investigation, he found that commercial renovation permit, Permit 2103-0616, was issued on December 8, 2021, to the business of W.O. Gregory Construction Inc. through an unlicensed foreman onsite, he was able to make contact with Mr. Eden Agnew. he acknowledged being a sub-contractor under W.O. Gregory Construction Inc and works under that license. He further claimed to work under the license of another local contractor. Officer Cicio stated Retrofits & Renovations LLC was found not to be a licensed contractor resulting in $1000 (2nd offense) citation 309 for engaging in the business of or acting in the capacity of a contractor without being duly registered or certified being issued. copies of the citation and citation letter were mailed certified mail which was delivered and signed for on October 28, 2022. on November 4, 2022, a Letter of Appeal was received from Mr. Agnew. Since a letter of appeal was received, the case was scheduled for the January 18, 2023, Contractor Licensing Board. Officer Cicio stated copies of the Notice to Appear were sent via certified mail which remains undelivered in addition to being posted on January 5, 2023, at the residential home address of Eden P. Agnew. staff is recommending that a lien be placed on the real or personal property of Mr. Eden Paul Agnew if the citation is not paid within 30 days. There was discussion among the Board, Staff and Mr. Agnew. Mr. Difrancesco made a motion to accept staff’s recommendation of $1000.00 citation fee (2nd offence) to be paid within thirty (30) days of the date of this Board meeting and authorize staff to place a lien against the contractor if not paid within thirty (30) days. Mr. Langel seconded and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mrs. Taylor – Yes, Mr. Sampson – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Morris – Yes, Mr. Kauffman – Yes. The motion carried unanimously. CITATION APPEAL 3) Gregory Keith Whigham and/or All Florida Wind Mitigation Retrofits /dba/ W.O. Gregory Construction Inc. Chairman Leonard stated next on our agenda is citation appeal no. three for Case No. 2210-109125 against Gregory Keith Whigham and/or All Florida Wind Mitigation Retrofits /dba/ W.O. Gregory Construction Inc. He asked Staff to update the Board on the case. Officer Cicio addressed the Board and stated for the record, he is submitting a total of twelve (12) photos, four (4) photos taken on October 18, 2022, during an initial site inspection at the property address of 787 NE Prima Vista Blvd, Port St Lucie, five (5) taken on October 19, 2022, 1 taken on October 25, 2022, and two (2) taken on October 26, 2022.
Officer Cicio stated he is submitting copies of check images 674, 556, 567 and 1031 paid from the business account of Evangelical Union of Fisherman, Inc. to Retrofits & Renovations totaling to the amount of $68,349.49, Division of Corporation information for Retrofits & Renovations, LLC, fictitious company All Florida Wind Mitigation Retrofits and W.O. Gregory Construction Inc. included is workers’ compensation exemption information.
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Officer Cicio stated according to the Florida Department of Business and Professional Regulations (DBPR), Mr. Eden P. Agnew is eligible to take the exam for certified general contractor. He stated DBPR information is also included for Gregory Keith Whigham dba All Florida Wind Mitigation Retrofits/ W.O. Gregory Construction Inc for certified building contractor license CBC1253414, as well as permit information for commercial remodel permit 2103-0616. Officer Cicio stated during his investigation, he found that commercial renovation permit, Permit 2103-0616, was issued on December 8, 2021, to the business of W.O. Gregory Construction Inc. He stated it was also found that the scope of work exceeded the issued permit including exterior concrete work, electrical and plumbing work. through an unlicensed foreman onsite, he was able to make contact with Mr. Eden Agnew. he acknowledged being a sub-contractor under W.O Gregory Construction Inc and works under that license. Officer Cicio stated he further claimed to work under the license of another local contractor. as a result of his investigation, he issued a $500 citation, citation 310, to Gregory K Whigham, All Florida Wind Mitigation Retrofits dba W.O. Gregory Construction Inc for proceeding on any job without obtaining the applicable building permits and aiding and abetting an unlicensed contractor. copies of the citation and citation letter were mailed certified mail which was returned. Officer Cicio stated on November 15, 2022, he personally served Mr. Gregory Keith Whigham copies of the citation and citation letter and he acknowledged receipt with signature. on November 28, 2022, a letter of appeal was received from Mr. Whigham. since a letter of appeal was received, the case was scheduled for the January 18, 2023, Contractor Licensing Board. He stated a copy of the notice to appear was personally served to Mr. Whigham on December 2, 2022. Officer Cicio stated staff is recommending that a lien be placed on the real or personal property of Mr. Gregory Keith Whigham if the citation is not paid within 30 days. There was discussion among the Board Staff and Mr. Whigham regarding the case. Mr. DiFrancesco made a motion to accept staff’s recommendation of $500.00 citation fee to be paid within thirty (30) days of the date of this Board meeting and authorize staff to place a lien against the contractor if not paid within thirty (30) days. Mrs. Taylor seconded and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mrs. Taylor – Yes, Mr. Sampson – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Morris – No, Mr. Kauffman – No. The motion carried. I. WAIVER OF RIGHT TO A HEARING FOR FAILURE TO PAY OR APPEAL THE CITATION: 1) Douglas J. Sammoms and/or Half-Sammons Inc.
Chairman Leonard stated next on our agenda is citation appeal no. three for Case No. 2209-000017 against Douglas J. Sammons and/or Half-Sammons Inc. He asked Staff to update the Board on the case. Officer Cruz addressed the Board and stated for the record, she is submitting a total of twenty (20) photos taken by the property owner Stephen Ferreira at property address 4625 S Indian River Dr, Fort Pierce. She stated she is submitting the property owner Stephen Ferreira’s affidavit and copies of the nine (9) checks cashed by Retrofits and Renovations in the total amount of $ 178,770.00. Officer Cruz stated she is also submitting emails from October 9, 2021 through August 23, 2022 from an employee of retrofits and renovations to Mr. Ferreira with copies of the invoices to include itemized materials and labor that was performed at the property by Retrofits and Renovation LLC. She stated she is submitting a copy of two liens placed on the property of 4625 S Indian River Dr, the first was filed on January 21,2022 from Jones Lumber, US LBM, LLC. and the second was filed on August 24,2022 from Douglas Sammons of Half-Sammons, Inc. Officer Cruz stated a copy of citation #299 in the amount of $500.00 and citation letters both mailed certified mail and posted. the citation was issued for: SLC (11) Aids or abets any licensed person or business organization. Officer Cruz stated after my initial conversation with Mr. Douglas Sammons where she informed him that he would receive a citation and a Notice to Appear before the board for aiding Mr. Agnew with Retrofits and Renovations, LLC. She stated no further contact has been made.
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Officer Cruz stated after receiving no compliance from Mr. Douglas Sammons, the citation remains unpaid, the case was scheduled for the January 18, 2023, contractor licensing board. copies of the notice to appear were sent via certified mail in addition to being posted on January 9, 2023, at all known residential home addresses. Officer Cruz stated as of January 18, 2023, the citation remains unpaid, nor contested. She stated Staff is recommending that a lien be placed on the real or personal property of Mr. Douglas Sammons if the citation is not paid within 30 days. There was discussion among the Board Staff and Mr. Sammons regarding the case. Mr. Langel made a motion to accept staff’s recommendation of $500.00 citation fee to be paid within thirty (30) days of the date of this Board meeting and authorize staff to place a lien against the contractor if not paid within thirty (30) days. Mr. Pride seconded and the motion carried unanimously. Chairman Leonard asked for a roll call vote. Mrs. Taylor – Yes, Mr. Sampson – Yes, Mr. DiFrancesco – Yes, Mr. Jerger – Yes, Mr. Langel – Yes, Chairman Leonard – Yes, Mr. Pride – Yes, Mr. Morris – Yes, Mr. Kauffman – Yes. The motion carried unanimously. WAIVER OF RIGHT TO A HEARING FOR FAILURE TO PAY OR APPEAL THE CITATION: 2) Christopher James Fontana Chairman Leonard stated next on our agenda is Waver of Right no. two for Case No. 2210-000018 against Christopher James Fontana. He asked Staff to update the Board on the case. Officer Cicio addressed the Board and stated for the record, he is submitting a total of thirteen (13) photos, eleven (11) photos taken on November 4, 2022, during a site inspection at the property address of 894 Woodlands Drive, Port St Lucie, and 2 taken on January 5, 2023, showing notice to appear postings. He stated he is submitting a copy of a complaint affidavit filed by property owner Roderick Wright on September 26, 2022, personal check images 421 and 422 totaling $14,000.00 for air conditioners made payable to Chris Fontana, a copy of citation 302 in the amount of $500.00 and citation letters both mailed certified mail and posted. Officer Cicio stated the citation was issued for engaging in the business or acting in the capacity of a contractor without being duly registered or certified. He stated according to Mr. Wright’s complaint affidavit, Christopher Fontana was working for a solar company, Green Solutions of Florida, on the day he contracted with Mr. Wright to install three new air conditioning units on the property, a company that is not licensed to perform HVAC/Mechanical work. Officer Cicio stated Mr. Fontana was terminated shortly after he installed the air conditioning units. He stated he did speak with the business owner of Green Solutions of Florida, John Rivera, on October 4, 2022, and he confirmed that Fontana had been
terminated and that he is not licensed and does not install air conditioning units. Officer Cicio stated copies of the citation and citation letter were mailed certified mail as well as posted at all known addresses for Christopher James Fontana. He stated since the citation remained unpaid, the case was scheduled for January 18, 2023, Contractor Licensing Board. Copies of the Notice to Appear were sent via certified mail in addition to being posted on January 5, 2023, at all known residential home addresses. He stated no contact has been made with Christopher Fontana. He stated several voice messages have been left for a returned phone call, but he has failed to do so to date. Officer Cicio stated as of January 18, 2023, the citation remains unpaid, nor contested. He stated Staff is recommending that a lien be placed on the real or personal property of Mr. Christopher James Fontana if the citation is not paid within 30 days. He stated Mr. Roderick Wright, the property owner, is also here if the Board would like to speak with him. Chairman Leonard asked if Mr. Christopher James Fontana or Mr. Charles Lee Johnson were present to speak to the Board. Officer Cicio answered no. Chairman Leonard asked the property owner, Mr. Wright to come up to the podium to be sworn in by the Recording Secretary. Mr. Roderick Wright was sworn in by the Recording Secretary.
Chairman Leonard asked Mr. Wright if he would like to tell the Board a little bit about what happened. Mr. Wright stated he hired a solar company to put solar panels on his roof because of the high cost of electricity. He stated Mr. Fontana was the representative who came and spoke to him about the solar system. He sated then he started to talk to him about air conditioning and he told Mr. Fontana that one (1) of his air conditioning unit was out and two (2) are still working.
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Mr. Wright stated Mr. Fontana presented himself as working with the solar company dealing with air conditioning also and when he spoke to the owner of the solar company, he advised him that neither Mr. Fontana nor Mr. Johnson deal with air conditioning at all. He stated this is after the fact, after everything was done. There was discussion among the Board, Staff and Mr. Wright regarding the case. Mr. DiFrancesco made a motion to accept staff’s recommendation of $500.00 citation fee to be paid within thirty (30) days of the date of this Board meeting and authorize staff to place a lien against the contractor if not paid within thirty (30) days. Mr. Jerger seconded and the motion carried unanimously. WAIVER OF RIGHT TO A HEARING FOR FAILURE TO PAY OR APPEAL THE CITATION: 3) Charles Lee Johnson Officer Cicio addressed the Board and stated for the record he is submitting a total of thirteen (13) photos, eleven (11) taken on November 4, 2022, during a site inspection at the property address of 894 Woodlands Drive, Port St Lucie, and two (2) taken on January 5, 2023, showing Notice to Appear postings. Officer Cicio stated he is submitting a copy of a complaint affidavit filed by property owner Roderick Wright on September 26, 2022, personal check image 423 in the amount of $3,000.00 for air conditioner made payable to Charles Johnson, a copy of citation 303 in the amount of $500.00 and citation letters both mailed certified mail and posted. the citation was issued for engaging in the business or acting in the capacity of a contractor without being duly registered or certified. Officer Cicio stated he is also submitting a copy of an invoice provided by Tropic Supply on September 28, 2021, with the initials of CJ listed in the top right corner. He stated he contacted Tropic Supply on November 4, 2022, and was advised by manager Bruce that the initials CJ in the upper right corner is for Charles Johnson. According to Mr. Wright’s complaint affidavit, Charles Johnson was working with Christopher Fontana for an air conditioning installation at the address of 894 woodlands Dr, Port St Lucie, fl. which is the residence of Mr. Wright. Officer Cicio stated he spoke to Charles Johnson on October 4, 2022, and he admitted to helping install the air conditioning units. He claimed that the property owner, Roderick Wright, was supposed to obtain a permit for the work and that he is legally allowed to sub-contract under the property owner as the owner is the contractor. He stated he advised Mr. Johnson that he was going to be issued a citation and he disconnected the call. copies of the citation and citation letter were mailed certified mail as well as posted at all known addresses for Charles Johnson. Officer Cicio stated since the citation remained unpaid, the case was scheduled for the January 18, 2023, contractor licensing board. copies of the notice to appear were sent via certified mail in addition to being posted on January 5, 2023, at all known residential home addresses of Charles Lee Johnson. Officer Cicio stated as of January 18, 2023, the citation remains unpaid, nor contested. staff is recommending that a lien be placed on the real or personal property of Mr. Charles Lee Johnson if the citation is not paid within 30 days. There was discussion among the Board, Staff and Mr. Wright regarding the case. Chairman Leonard asked if Mr. Christopher James Fontana or Mr. Charles Lee Johnson were present to speak to the Board. Officer Cicio answered no. Chairman Leonard asked the property owner, Mr. Wright to come up to the podium to be sworn in by the Recording Secretary. Mr. Roderick Wright was sworn in by the Recording Secretary. Chairman Leonard asked Mr. Wright if he would like to tell the Board a little bit about what happened. Mr. Wright stated he hired a solar company to put solar panels on his roof because of the high cost of electricity. He stated Mr. Fontana was the representative who came and spoke to him about the solar system. He sated then he started to talk to him about air conditioning and he told Mr. Fontana that one (1) of his air conditioning unit was out and two (2) are still working.
Mr. Wright stated Mr. Fontana presented himself as working with the solar company dealing with air conditioning also and when he spoke to the owner of the solar company, he advised him that neither Mr. Fontana nor Mr. Johnson deal with air conditioning at all. He stated this is after the fact, after everything was done. There was discussion among the Board, Staff and Mr. Wright regarding the case.
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Mr. DiFrancesco made a motion to accept staff’s recommendation of $500.00 citation fee to be paid within thirty (30) days of the date of this Board meeting and authorize staff to place a lien against the contractor if not paid within thirty (30) days. Mr. Jerger seconded and the motion carried unanimously. J. OLD BUSINESS: None. K. NEW BUSINESS: Brief Discussion on Sunshine Laws (Katherine Barbieri). Assistant County Attorney, Katherine Barbieri, addressed the Board and stated this is a refresher’s course we are doing on Sunshine Laws for most our Boards just so that you do not forget about it. It protects the public from the closed-door meetings decision making which gives the right of access to governmental meetings. This is why we meet here in chambers, where the public can attend. She stated she understands that these meetings are not usually attended by a lot of the public, but they can come. Assistant County Attorney, Katherine Barbieri stated it is required by the Florida Statute and the Constitution that the meetings be public. She stated three (3) basic requirement are: 1. They are open to the public.
2. They will provide reasonable.
3. The minutes of the meeting must be taken and promptly recorded.
Assistant County Attorney, Katherine Barbieri reminded the Board members of the importance of adhering to Sunshine Laws. She stated there should be no discussion among the Board members regarding any matter that may come before this Board. She stated discussion includes text messaging, Twitter, Facebook or anything else, so if there are any disciplinary actions or anything else that this Board might consider, licensing or anything, the Board can only discuss it when they are at a public
meeting with public notice. There was further discussion among the Board and Assistant County Attorney, Katherine Barbieri regarding the Sunshine Laws. ADJOURNMENT: The meeting was adjourned at 11:12 a.m. The next Contractor Examining Board Hearing will be held on WEDNESDAY, March 15, 2023 AT 8:30 A.M. Respectfully submitted, ------------------------------------------------ Michael DiFrancesco, Board Secretary Or Travis Leonard, Chairman